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ALLEGATION: Missed Critical Deadline

CASE: A client hired an attorney to handle the appeal of a significant civil judgment. The underlying case involved a large financial dispute where the trial court had awarded damages against the client. The appeal was the client’s last chance to challenge both the judgment and the trials court’s interpretation of certain contract provisions. Due to a breakdown in internal calendaring, the attorney miscalculated the deadline for the filing of the opening appellate brief. By the time the mistake was caught, the statutory filing window had passed. The attorney requested an extension from the court, but was denied. The client lost the opportunity to challenge the judgment on appeal and was obligated to satisfy the adverse ruling in its entirety.

RESULT: The client subsequently filed a malpractice claim against the appellate attorney, alleging that the missed filing date deprived them of their only chance to obtain relief from the trial court ruling. Although the attorney argued that the appeal might not have ultimately succeeded, the loss of the client’s right to appeal was viewed as a significant, irreplaceable harm. After approximately 2 years, the matter was settled.

DEFENSE COST: In addition to indemnity [the loss payment], defense costs totaled nearly $20,000.

INDEMNITY: Around $30,000 was paid to the client to compensate for the value of the lost appellate opportunity and the enforceability of the trial courts judgment. Making the total claim amount approximately $50,000.

ALLEGATION: Failure to Properly Identify and Exempt Access

CASE: A bankruptcy attorney was retained to handle a debtor’s Chapter 7 filing and fully disclose all assets including a family owned parcel of land. The attorney was responsible for determining which assets qualified for exemption under the applicable law. It was alleged that the attorney incorrectly classified the family property as nonexempt. As a result, the bankruptcy trustee treated the land as an available asset and proceeded with it’s sale to satisfy creditor claims. The debtors lost the property, which carried both financial and sentimental significance. The attorney was subsequently sued for malpractice after neglecting to correctly identify and exempt certain assets.

RESULT: After years of proceedings, a settlement was ultimately reached.

DEFENSE COST: Around $45,000 was paid to defend the attorney against this claim.

INDEMNITY: Approximately $40,000 was paid to compensate for the loss of the family land.

ALLEGATION: Failure to Oppose Defense Motions and Missed Deadline

CASE: A plaintiff’s attorney was retained to represent a group of employees in a class action lawsuit against a regional warehouse distribution company. The claim centered around alleged wage-and-hour violations. During the litigation, the defense filed several motions to dismiss portions of the complaint and compel arbitration. The attorney failed to timely oppose these motions and also missed a critical filing deadline for a motion to certify the class. As a result, key claims were dismissed and the court denied class certification. This significantly weakened the plaintiffs’ case and led several members of the class to pursue a malpractice claim against the attorney.

RESULT: A favorable outcome was agreed upon based on the total value of the case.

DEFENSE COST: Around $50,000 was paid in defense cost in defending the attorney.

INDEMNITY: Approximately $80,000 was paid on behalf of the attorney to resolve the claim.

ALLEGATION: Ineffective Assistance of Counsel During the Plea Negotiations and Trial

CASE: An attorney represented a client charged with drug trafficking. The prosecution offered a plea deal of 5 years in prison. The defendant rejected the plea and proceeded to trial, ultimately receiving a sentence of over 15 years. Two years later, the defendant filed a legal malpractice lawsuit against the attorney, alleging that they received poor legal advice which led to the rejection of the favorable plea bargain. The plaintiff argued that the attorney failed to fully explain the risks and consequences of going to trial.

RESULT: The malpractice case was defended successfully. The plaintiff could not provide sufficient evidence of malpractice.

DEFENSE COST: The cost of defending the attorney against the malpractice claim was approximately $70,000 in legal fees and related expenses.

INDEMNITY: The lawsuit was dismissed, resulting in $0 indemnity paid to the plaintiff.

ALLEGATION: Failure to Disclose Conflict of Interest in Licensing Negotiation,Breach of Fiduciary Duty

CASE: An attorney was retained by an artist to negotiate a licensing agreement with a publishing company for the artist. Unknown to the artist, the attorney had previously represented the publishing company on unrelated matters and maintained an ongoing professional relationship. The attorney successfully negotiated a licensing contract, but the terms heavily favored the publisher, granting broad usage rights with limited royalties. While not all conflicts of interest may lead to malpractice, the artist discovered the attorneys prior work and filed suit.

RESULT: The malpractice case was settled before trial to avoid further litigation cost and reputational damage.

DEFENSE COST: In addition to the loss payment, the defense of the attorney against the malpractice and fiduciary duty claims incurred approximately $80,000 in legal fees and related expenses.

INDEMNITY: Ultimately, over $90,000 was paid in loss to the artist.

ALLEGATION: Failure to Act in Client’s Bet Financial Interest and Actig Outside the Scope of Representation

CASE: An attorney was retained by a business owner to collect unpaid invoices from a contractor in a commercial debt matter. The attorney obtained a judgment in favor of the client, but instead of pursuing post judgment remedies such as garnishment or asset seizures, the attorney privately negotiated with the debtor’s counsel without the client’s knowledge or consent. The attorney agreed to an informal repayment plan that significantly reduced the amount owed and allowed the debtor to make payments over time. After a few partial payments, the debtor stopped paying altogether. The business owner only discovered the existence of this unauthorized agreement several years later after attempting to enforce the original judgment.

RESULT: It was determined that the client suffered actual financial harm due to the attorney’s unauthorized actions. The case was settled prior to trial.

DEFENSE COST: The attorney’s defense in the malpractice suit required significant legal effort due to the complexity of the case totaling approximately $100,000 in defense cost.

INDEMNITY: Ultimately, over $250,000 was paid to the client.

ALLEGATION: Lack of Informed Consent

CASE: An attorney represented a client in a contested divorce involving significant marital assets. The client agreed to waive future spousal support in exchange for the marital property. Years later, after selling the property and falling on financial hardship, the client then claimed that the attorney did not adequately explain the tax consequences and long-term financial risk of the settlement.

RESULT: The matter was settled prior to trial.

DEFENSE COST: Nearly $70,000 was paid in defense cost.

INDEMNITY: Ultimately, the attorney as deemed negligent. $0 was paid in loss.

ALLEGATION: Failed to Properly Prepare Client

CASE: An attorney was retained by a client seeking a green card through marriage to a U.S. citizen. The client provided extensive documentation to establish a bona fide marriage, including joint financial records and affidavits from family and friends. During the interview with USCIS, the client and spouse gave inconsistent answers to routine questions. USCIS later issued a Notice of Intent to Deny, citing concerns of a fraudulent marriage. It was questionable if the documents submitted addressed the governments concerns. The green card application was ultimately denied.

RESULT: The defense argued that the couple’s own inconsistent answers during the interview, not the attorney’s preparation, were the primary reason for the denial. After years of negotiating, the case was defended successfully.

DEFENSE COST: Legal fees and expert review (including immigration specialist) amounted to approximately $95,000 in defense cost.

INDEMNITY: Ultimately, $0 was paid in loss.

ALLEGATION: Negligence in Factual Investigation and Economic Loss due to Unrecoverable Wages

CASE: An attorney represented a restaurant worker who alleged unpaid overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). The employee believed that the national franchisor was responsible for the restaurant’s wage practices. Relying primarily on the client’s assumptions, the attorney filed the complaint only against the franchisor and did not include the local franchisee employer that actually issued the employee’s paychecks. The franchisor filed a motion to dismiss, arguing that it was not the plaintiff’s employer under the FLSA, and the court granted dismissal. By that time, the statue of limitations had expired for filing against the local franchisee.

RESULT: The defense argued that the client strongly insisted the franchisor was the responsible party. However, after discovery, both sides agreed to settle.

DEFENSE COST: Expert consultation on FLSA liability and discovery-related expenses amounted to approximately $90,000.

INDEMNITY: The case resolved with a compromise settlement of around $95,000.